90 day rule

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X-man

Registered Users (C)
Hi,

I became a PR on 10/09/2002. I am planning my application for citizenship. I read about the 90 day rule that allows PR to apply for citizenship as early as 90 days before he or she reaches 5 year after PR. My question is: I was out of US for a month last year. Does that affect how I calculate when to submit my appication?

Thank you very much.

wz
 
Your month long holiday does not affect your 90 days "early" window. Just to be on the safe side, submit your N-400 80-85 days before your GC's 5th anniversary.
 
thanks very much!

I just learned about the rate hike and am trying to beat it.

If I apply in late July (less than 90 days to 10/09/2007), can I still check the option A of N-400 part 2, which states 'I have been a Lawful Permanent Resident of the United States for at least five year'? Technically, I will not have reached the point of 5 year residency.

Thanks!.

x
 
Yes you can check that option during your 90 day early window. I even had my interview before I completed 3 years on my GC.
 
No, that month doesn't affect your calculation, it would still be up to 90 days before 10/09/2007 for you. However, most people in the forum recommend to leave about a week of buffer (for signing date, mail date), i.e. calculate 83 or 80 days before your 5 years. Applications have been rejected due to being sent too early. However, with the new fees, it is a tricky question if there is people who can save a lot of dollars by sending it right at the 90 days mark.
 
You could try and send it at the 89 day mark and if it gets returned then you at least tried. Then you would then pay the extra fee most likely if they hike it during that. This was you give it a shot...
 
Thanks for the advice. I will have a couple of weeks to spare before July 30. I will definitely give it a try. The majority cases in 90 day window have been accepted and only a small portion were returned, right?

Thanks.

x
 
I think the returned cases were because they were either signed or mailed before the 90 days. I don't remember now any case being rejected within the 90 days, it is a bit of speculation that if oneself or the USCIS make a mistake calculating the 90 days the application could be rejected. It is also not clear to me whether when you do a date minus 90 days, if the date you get as a result is safe for signing or mailing, or if it would be the next day. It is also not obviouse to me if one becomes eligible to apply right on the day 5 years after having the Green Card, or one day later. So give or take there are a couple of days in doubt, that's I guess why the week rule of thumb makes some sense, it takes the doubts out of those little calculation questions. If you have a couple of weeks to spare, spare one, I don't think you need to spare more than that.

My 2 cents.
 
When does 90 day start?

Do I calculate 90 days from the issue date on my GC or the day the consular guys approved my GC?:cool:

Huracan said:
I think the returned cases were because they were either signed or mailed before the 90 days. I don't remember now any case being rejected within the 90 days, it is a bit of speculation that if oneself or the USCIS make a mistake calculating the 90 days the application could be rejected. It is also not clear to me whether when you do a date minus 90 days, if the date you get as a result is safe for signing or mailing, or if it would be the next day. It is also not obviouse to me if one becomes eligible to apply right on the day 5 years after having the Green Card, or one day later. So give or take there are a couple of days in doubt, that's I guess why the week rule of thumb makes some sense, it takes the doubts out of those little calculation questions. If you have a couple of weeks to spare, spare one, I don't think you need to spare more than that.

My 2 cents.
Click to expand...
 
X-man said:
Hi,

I became a PR on 10/09/2002. I am planning my application for citizenship. I read about the 90 day rule that allows PR to apply for citizenship as early as 90 days before he or she reaches 5 year after PR. My question is: I was out of US for a month last year. Does that affect how I calculate when to submit my appication?
Click to expand...

You will be eligible to file on or after 11th of July, 2007 (90 days prior to your 5th anniversary as legal permanent resident, 9th Oct, 2007). No need to wait for any more days. You can literally apply on the 11th of July, 2007.
 
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